Electronic Theses and Dissertation

Abstract - The application of the principle of most-favored nation (MFN) in GATS to social media becomes a quite complicated problem, along with technological developments on social media itself. This study uses a juridical-normative method by comparing the application of MFN principles with the right of domestic regulation that allows each member country to protect its sovereignty. GATS as the parent of this regulation allows the exclusion of the MFN principles for some of the reasons outlined in article VI of the agreement, namely, non-discrimination, unfavorable to one party and decisions must be made by consensus. However, the description of non-discrimination in GATS is still too general so that its application often causes problems. The MFN principle can be set aside by using article VI on GATS about domestic regulation that allows a country to create boundaries for a social media provider to enter the country. Eventually the MFN principle can be set aside to protect the sovereignty and ideology of a country by using article VI. Although article VI states that domestic rules must not be discriminatory, the determination of rules made unilaterally by the state without requiring negotiations between service providers and the state.

Tidak Tersedia Deskripsi